Document Mo76mv1OrDd23pZwpqgEqZza9
GORDON C. 0CC*-w
MICHAEL O CAGE* JAMES J. MOnTGOmEpy
nancy J. GILL STEPHEN K Shaw LAWRENCE A. rtCMCR* SHARON B STIEG NANCY C. KORB JENNIFER W 0A9GER" MICHAEL . ROBERSON MICHAEL P WEISBROO STEPHEN M.YCACE .'J.'N C. HINDMAN
BLOOM & GREENE CO., L. R A.
ATTORNEYS AT LAW
2000 CENTRAL TRUST CENTER 201 CAST FIFTH STREET
CINCINNATI, OHIO <45202
TELECOPIER: I- 513 *2<I`^I67
November 4, 1987
AV.AO AOMITUD IN UTAH
Fredric F. Tilton, Esq. 22 West Ninth Street Cincinnati, Ohio 45202
Re: Vcssler. et al. v. The Celotex Corboration, et al.
Dear Mr. Tilton:
I have enclosed information concerning H.K. Porter
Company, Inc. v.v.ich indicates that it has been incorporated
in the past under the names Southern Asbestos Company and
Southern Textile Corporation, but never as Southern Mills.
Mr. Vossler testified at deposition that he used A-Cloth
manufactured by Southern Mills from 1951 to 1952 and asbestos
rope or wicking manufactured by Southern Mills from 1956-57.
The enclosed information from H.K. Pr. rter indicates that the
company did not make asbestos products prior to 1958.
Additionally, I confirmed this information with corporate
counsel, Mr. Steven Wright.
.
Er-sed on this information, we filed our Motion for vuramary Judgment for H.K. Porter, Inc. Please let us know if this information is not as convincing to you and I will a-1-kempt to supply additional data.
Very truly yours
BLOOM & GREENE CO., L.P.A
Ann C. Hindman
r, -TON. 114}
1 HISTORY OF ASBESTOS TEXTILE OPERATIONS
a. There have been two companies named Southern Asbestos Company, one of which was formed in 1927, later acquired by the Thermoid Company and then liquidated by Porter in 1959, and the other, a wholly owned subsidiary of Porter, was formed in 1974.
b. The first Southern Asbestos Company was incorporated in Delaware on December 8, 2.927, One of the purposes of that Company was to purchase or otherwise acquire the assets and business of Southern Asbestos Manufacturing Company, a North Carolina corporation.
c. In 1929 Thermoid Company acquired a controlling interest in the stock of Southern Asbestos. In 1941 Thermoid purchased the fixed assets of Southern Asbestos which included the Charlotte Works, Charlotte, North Carolina. Southern Asbestos then became a sales agency for asbestos products.
d. In 1958 Forter, by means of a merger, acquired Thermoid Company. As a result of this transaction, Porter acquired the stock of Southern Asbestos Company. On or about December 31, 1959, Porter liquidated Southern Asbestos. Between the acquisition and liquidation, Southern Asbestos acted as the selling agency for asbestos products.
e. On October 14, 1963, Porter acquired substantially all of the outstanding capital shares of Carolina Asbestos Company, Inc., a North Carolina corporation. On November 30, 1963, Carolina Asbestos was liquidated. Carolina Asbestos Company owned the Davidson Works, Davidson, North Carolina, which was closed in November, 1970, and sold in March, 1971, to A-A-A Distribution Services, Inc., Charlotte, North Carolina.
f. On December 30, 1964, Porter acquired the common stock of The Russell, Manufacturing Company of Middletown, Connecticut. Russell owneu the Bennettsville Works, Bennettsville, South Carolina. On January 31, 1965, Russell Manufacturing was liquidated. The Bennettsville Works -?as closed in October, 1976, and sold in July, 1973, to Godley Auction Co., Charlotte, North Carolina. .
g. In late 1968 and early 1969 Porter acquired Pacific Asbestos Corporation /hi oh mined raw asbestos In Copperopolis, California. Pacific Asbestos ceased operatior in April of 1974, was declared bankrupt on August 27, 1974, and the assets sold to Calaveras Asbestos Ltd., Copperopolis, California, on October 24, 1975.
h. On February 17, 1969, Porter acquired all of the common stock of Tallman...-Cluskey Fabrics Company of St. Louis, and on February 28, 1969, Tallman was liquidateTallman owned the St. Louis Works, St. Louis, Missouri, which was closed in October, 970, anz sold on June 30, 1972, to. Lloyd S. Rubin of St. Louis, Missouri.i.
i. In 1974 Porter formed a wholly owned subsidiary. Southern Asbestos Company, a.nd as of May 1, 1974, transferred the Charlotte Works and ;the Bennettsville Works to Southern Asbestos. Effective January 1, 1979, the name of Southern Asbestos Company
was charged to Southern Textile Corporation. On February 18, 1982 the assets of
Southern Textile Corporation were sold. This was the textile plant in Charlotte,
North Carolina. Neither Porter or Southern Textile produce or'sell asbestos tex-
tile products any longer.
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1
PORTER'S ASBESTOS TEXTILE PRODUCTS
I ;tveen December, 1958, and May, 1974 , Porter manufactured the following asbestos. textile products:
(1) CLEANGARD, 1972 - 1974 (First used 2/7/72, Registered 3/26/74) Cleangard is not a product but a process which encapsulates the asbestos in the product thereby reducing dust emission from the product.
THERM-A-GARD, 1967 - 1974 (First used 8/11/67, Registered 12/31/68) The color code for this product was silver and it was used for safety clothing, shielding, curtains, blankets, or ironing board covers and pads.
(3) FLAMZCARD, 1958 - 1974 (First used 10/27/58, Registered 12/19/78) The color code for this product was first yellow and then green (neoprene) end it was used for safety apparel and protective shielding. '
' (4) PORTERSITE, 1964 - 1970
'
. PORTERSITE G, 1965 - 1974
These two products did not have a particular color code. Product was used
for insulating high-temperature machinery and equipment such as steam
turbines, boilers, boiler feed pumps and steam lines.
f ' (5) '
PORTERLAG, 1967 - 1974
''
The color code for this product was beige and it vas used as a lagging
cloth for applications to pipes, elbows, T-joints and valves.
(6', All of the trademark products except Portersi 'a and Portersite G were cl oth products, while Portersite and Portersite G were felt products. Portersite used amosite asbestos while Portersite G was a glass product.
(7) The following were generic products-produced by Porter:
(a) Cloth'- broad woven fabric - has various uses, as a lagging or pipe wrap, as a material for safety clothing, as a shield against sparks and heat, as a plastic laminate, as a gasket material.
(b) Tape -- narrow woven fabric -- used as an insulation wrapped on electrics cables, steam lines, etc. and as a friction material for brakes.
(c) Tarn/Cord - used it a variety of industries for further manufacture in
clutch facings, packing. dryer felts, parachute flare cords and friction
materials.
r
(d) Felt - a mat made of slivers and bound together with yam by a weaving
or knitting process.
.
, (e) Roving -- an untwisted reinforced soft material similar ir. appearance to a knitting yam.
(f) Lapp -- (discontinued in 1972) -- a compressed sheet used in the electrical insulation business.
AIT. products contained chrysotile asbestos in varying amounts from 652 to 95* - except Portersite which contained amosite asbestos and Portersite G which contained fibrous glass. Carrier fiber was usually rayon but may have contained small percentages of cotton, polyester and acrylic, which were used in certain products. The basic composition of the asbestos products was not changed. Chemical treatments varied from time to time either to replace compounds in short supply, to effect cost savings or to improve the end product.
The types of containers which were used to ship the asbestos products manufactured by defendant are set forth below:
(a) Cloth - usually wrapped in polyethylene sheet with the ends secured with wire ties. Before availability of polyethylene, heavy Kraft paper sheets were used and secured with gummed tape.
(b) Tape - most shipments were in paperboard cartons sealed with tape. Some heavy items were wrapped in burlap or polyproplene and shipped individual!
(c) Rope - yarn and roving were shipped in paperboard cartons and secured with metal or synthetic strapping.
(d) Felt Hats - were wrapped in heavy polyethylene sheets v'ith seams taped
and ends secured with wire ties.
'
SOUTHERN TEXTILE'S ASBESTOS TEXTILE PRODUCTS
a. - From Kay,' 1974, to t-he--pt'SsenT, Southern Textile Corporation manufactured
following asbestos textile products:
.
" -iS'XJ
ciy CLmANGARD, 1974 - t'z r. c&trt (First used by Porter 2/7/72, Registered by Porter 3/25/74)
Cleangard is not a product but a process which encapsulates the asbestos in
;:he product thereby reducing dust emission from the product.
(2) GARDIAN, 1974 - Prsj-etrt (First used 4/15/75, Registered 1/27/75)
Gardian is a designation used by S_outhem Textile for its entire line of
products. Gardian does not represent a product in and of itself.
'
jvA/j
''
:v THERK-A-GARD, 1974
(First used by Porter 8/11/67, Registered 12/31/6-
THERMAGARD, 1974 - Ens-errtfc (Amendment to Therm-A-Gard trademark 6/76)
The color code for this product is silver and it is used for safety clothing,
shielding, curtains, blankets, or ironing board covers and pads.
FLAKEGARJD, 1974 - Rr-ac-ma* (First used by Porter 10/27/58, Registered 12/19/78) The color code for this product is blue. The Flamegard trademark for Southe:~n Textile products refers to different products than the one used by 'Porter. Southern Textile Flamegard is used for fabricating smokers-bibs, aprons, draperies, mattress covers and other fire-safe items for hospital and institutional use with the elderly, the handicapped or bedfast patients.
C COVERGARD, 1974 - P-=ui-s-mn-c (First used 1/17/75, Registered 11/11/75)
The color code fcrr this product is white and this is the same product, but
w>ith a changed brand name, produced by Porter under the tradename of
Porterlag. It is used as a lagging cloth for applications to pipes, elbows,
T-joints and valves.
*
r
(o' HEATGARD, 1974 -
(First used 1/17/75), Registered 10/21/75)
Heatgard is an asbestos conveyor belting product designed for durability
and high temperature resistance. Beatgard is produced in either white,
black or brown colors; black and brown denoting belting which has been
treated for greater durability and higher temperature resistance.
(7' SPLASHGARD, 1574 -
(First used 9/18/74, Registered 3/29/77)
The cclor code for this product is green (yellow, black and white at differen
times) and it is used for safety apparel and protective shields. The sane
nroduct was named'Flamegard when produced by Porter.
`
' .
(8) VELDGARD,-1974 - Pr-eTTSnt (First used 1/28/75, Registered 1/20/76)
The color code for this product is orange and is used for hi-visibility
welding curtains and safety clothing.
J-tf'lJ
(Si INSLGARD, 1976 -
(First used 8/27/74, Registered 4/13/76)
'
There is no color code for Inslgard. The Inslgard product line is the same
line of products as was designated as Portersite and Portersite G. Southern
Textile has only produced a glass fiber product for Inslgard which is used
' for insulating high-temperature machinery and equipment such as steam
turbines, boilers, boiler feed pumps and steam lines.
(iO) '
SOUNDCARD, 1976 - 1980 (First used 1/13/75, Registered 1/20/76) The color code for this product is black and is used as noise suppression hoods for turbines, generators and engines, wrapping for pipes and ducts to muffle fluid motion noise, curtains and portable barriers to isolate noise or nuclear radiatijn. There is a Soundgard calking compound which is used for sealing sound leaks.
(u: '
(l.V
SOUNDGARD II, 1980 -
(first used July, 19B0)
The color'code for this product is gray and is used as noise suppression
hoods for turbines, generators and engines, wrapping for pipes and ducts to
muffle fluid motion noise, curtains and portable barriers to isolate noise
or nuclear, radiation. There is a Soundgard calking compound which is used
for sealing sound leaks. This is a non-asbestos product and is a silicone
rubber glass based material.
.
/
*
All of the trademark products except for Inslgard and Heatgard are cloth
products. Inslgard is a felt product and Heatgard is a conveyor belting
product.
'
0 3' The following are generic products produced by Southern Textile:
(a) Cloth - broad woven fabric - has various uses, as a lagging or pipe wrap, as a material for safety clothing, as a .-hield against sparks and heat, as a plastic laminate, as a gasket material.
(b) Tape -- narrow woven fabric -- used as an insulation wrapped on electric ` cables, steam lines, etc. and as a friction material for brakes.
(c) Yarn/Cord - used in a variety of industries for further manufacture in clutch facings, packings, dryer felts, parachute flare cords, and friction materials.-
(d) Felt - a mat made of slivers and bound together with yam by a weaving ' or knitting process.
(e) Roving - an untwisted reinforced soft material similar in appearance
' to a knitting yarn.
,
(14' ,
Between 1974 and 1979 all products contained chrysotile asbestos in varying
amounts from 652 to 952 - except Inslgard which contained fibrous glass.
Carrier fiber was usually rayon but may have contained small percentages of
cotton, polyester and acrylic, which were used in certain products. The
basic composition of the asbestos products was not changed. Chemical
treatments varied from time to time either to replace compounds in short
supply, to effect cost savings or to improve the end product. Since 1979
Southern Textile also produced the same line of products using fibrous
glass rather than asbestos. Customer preference determines which type was
sold.
The types of containers which were used to ship the asbestos products manufactured by defend-.nt are set forth below:
(a) Cloth - usually wrapped in polyethylene sheet with the ends secured with wire ties. Before availability of polyethylene, heavy Kraft paper sheets were used and secured with gummed tape.
(b) Tape T'nost shipments were in paperboard cartons sealed with tape.
Some heavy items were wrapped in burlap or polyproplene and shipped
individually.
(
(c) Rope -- yam and roving were shipped in paperboard cartons and secured
with metal or synthetic strapping.
.
(d) Felt Hats - were wrapped in heavy polyethylene sheets with seams taped
and ends secured with wire ties.
.
ASBESTOS NON TEXTILE INSULATION PRODUCTS
Porter purchased approximately 782 of the common stock of Laclede-
Christy Corporation ("L-C") in 1954. L-C had two plants at that time -
the Laclede plant and the Christy plant both located i:i St. Louis,
Kissouri.
.
The basic products of L-C were refractory fire bricks which were used for lining the inside of furnaces. As part of this basic operation L-C manufactured two wet mortars and one dry one which contained asbestos. Kortar is used as jointing material between the fireclay brick.
In addition, L-C apparently had a rebranding agreement with 48 Insulation to sell their asbestos cement and block to be used on the outside of the furnaces. This was a sideline business to the main product - fire brick. By 1960 L-C went out of the rebranding business and told its customers to order direct from 48 Insulation. At this time, we do not know when L-C first began selling 48 Insulation material, how much was sold and we have not been able, to find the rebranding sgreement.
,In December, 1958 Porter liquidated L-C after which L-C, although uci longer a separate corporate entity, maintained its name but operated ns a part of the Refractories Division of Porter.
The Christy Works in St. Louis was closed in 1970 and the operations vere transferred tc the Fulton Plan*, of the L-C operation.
The two wet mortars were Eonding Hortar 20 and Laco which contained
1.322 of "7-M asbestos". These mortars were in liquid form and were
snipped in steel drums weighing 100, 250 and 500 lbs. The dry mortar
was called Archnu prior to Porter's purchase of L-C and called Duoflex
during Porter's ownership. When produced by Porter, Duoflex contained
32 asbestos and was shipped in 100 lb. bags. These mortars were used
only in connection with the installing of fireclay in furnaces. These
products were produced at the Christy Works until it closed. In 1972
the Fulton Works started to produce Duoflex.
.
In 1974 the L-C operation was sold to A. P. Green in an asset rion.
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